Michigan

Eyewitness Identification Reform

The Michigan Bar Association convened a task force, composed of judges, sheriffs, police chiefs, prosecutors, and defense attorneys, to make recommendations on ways to improve eyewitness identification procedures. In 2012 the task force issued a policy writing guide that included evidence-based practices consistent with those put forward by the National Academy of Sciences. Law enforcement agencies were encouraged to adopt written protocols that comport with the policy writing guide and were also offered training in the new scientifically-supported protocols. Since then, law enforcement agencies covering over 80% of the state's population have implemented policies that include: blind administration; proper filler, on non-suspect, lineup members; proper witness instructions; witness confidence statements; and a recommendation that lineups be video/audio recorded.

Read the MI Bar Association policy writing guide

Michigan Law Enforcement Agencies in Reform for Eyewitness Identification

Recording of Interrogations

Michigan requires that law enforcement officials make a “time-stamped, audiovisual recording” of any interrogation of an individual in custodial detention relating to involvement in the commission of a major felony. The recording is to include the law enforcement official’s notification to the individual of the individual’s Miranda rights. Effective: 2012; Amended most recently: 2013.

Read the statute.

Post Conviction DNA Testing

Any person convicted of a crime at trial before January 8, 2001 who is serving a prison sentence for the felony conviction may petition the circuit court to order DNA testing of biological material identified during the investigation leading to his or her conviction, and for a new trial based on the results of that testing. The petition shall be filed not later than January 1, 2012. A person convicted on or after January 8, 2001 may apply for testing if he/she meets certain statutory criteria. Effective: 2001; Amended most recently: 2015.

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Evidence Preservation

State statute requires law enforcement to automatically preserve biological material identified during the investigation of a felony that led to a conviction. The evidence must be preserved for the period of time that a person is incarcerated in connection with that case. Effective: 2001; Amended most recently: 2011.

Michigan's statute meets the best practices standards outlined by the NIST Technical Working Group on Biological Evidence Preservation.

Read the statute.

Exoneree Compensation

A wrongfully convicted person is entitled to $50,000 per year of wrongful imprisonment, and reimbursement of attorney fees and correctional fines/fees. Effective: 2017.

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Changes in Science

In 2018, Michigan amended its court rule that dictates post-appeal relief. The changes allow a person file a post-conviction motion for relief based on new scientific evidence, including but not limited to: shifts in a field of scientific knowledge, changes in expert knowledge or opinion, and shifts in a scientific method used in a conviction. Effective: January 2019.

Read the court rule

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